[HISTORY: Adopted by the Mayor and Council of the Borough of Atlantic Highlands 10-10-2024 by Ord. No. 18-2024.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance amended in its entirety Ch. 340, Trees, adopted 12-13-1995 by Ord. No. 21-95, as amended 2-23-2011 by Ord. No. 03-2011, 1-28-2021 by Ord. No. 03-2021, and 12-15-2022 by Ord. No. 14-2022.
As used in this chapter, the following terms shall have the meanings indicated below:
APPLICANT
Any "person," as defined below, who applies for approval to remove trees regulated under this chapter.
CRITICAL ROOT RADIUS (CRR)
The zone around the base of a tree where the majority of the root system is found. This zone is calculated by multiplying the diameter at breast height (DBH) of the tree by 1.5 feet. For example: a tree with a six-inch DBH would have a CRR = 6"x1.5' = 9'.
DIAMETER AT BREAST HEIGHT (DBH)
The diameter of the trunk of a tree, in inches, generally measured at a point 4.5 feet above ground level from the uphill side of the tree. For species of trees where the main trunk divides below the 4.5 foot height, the DBH shall be measured at the highest point before any division.
DRIPLINE
The area defined by the outermost circumference of a tree canopy where water drips from the tree and onto the ground.
HAZARD TREE
A tree or limbs thereof that meet one or more of the criteria below. Trees that do not meet any of the criteria below and are proposed to be removed solely for development purposes are not hazard trees.
A. 
Has an infectious disease or insect infestation;
B. 
Is dead or dying;
C. 
Obstructs the view of traffic signs or the free passage of pedestrians or vehicles, where pruning attempts have not been effective;
D. 
Is causing obvious damage to structures (such as building foundations, sidewalks, etc.); or
E. 
Is determined to be a threat to public health, safety, and/or welfare by a certified arborist or licensed tree expert (LTE).
ORNAMENTAL TREE
A tree that can be single or multiple stemmed and that grows to a maximum height of 25 feet and has high visual impact due to flowers, shape, interesting form, or other attractive characteristics.
PERMIT
A form filled out by a person to remove one or more trees on their property anywhere within the municipality. The permit will be issued by the designated municipal official authorizing the removal or destruction of trees provided the requirements of this chapter are met.
PERSON
Any individual, resident, corporation, utility, company, partnership, firm, or association.
SHADE TREE
Any self-supporting, deciduous, woody perennial having a single trunk with a diameter at breast height greater than 2 1/2 inches with a spreading canopy and crown that provides shade.
SITE WORK
The portion of a construction project that is not part of the building structure, including, but not limited to, grading, excavation, landscape irrigation and the installation of driveways.
STREET TREE
A tree planted along the sidewalk, planting strip, and/or in the public right-of-way adjacent to the portion of the street reserved for vehicular traffic. This also includes trees planted in planting strips within the roadway right-of-way, i.e., islands, medians, pedestrian refuges.
TREE
A woody perennial plant, typically having a multi-stem or single trunk growing to a considerable height and bearing lateral branches at some distance from the ground.
TREE CALIPER
The diameter of a tree trunk measured in inches, six inches above ground level for trees up to four inches in diameter and measured 12 inches above ground level for trees over four inches in diameter.
TREE EXPERT
A person professionally qualified as an ISA certified arborist or New Jersey licensed tree expert.
TREE REMOVAL
To kill or to cause irreparable damage that leads to the decline and/or death of a tree. This includes, but is not limited to, excessive pruning, application of substances that are toxic to the tree, over-mulching or improper mulching, and improper grading and/or soil compaction within the critical root radius around the base of the tree that leads to the decline and/or death of a tree. Removal does not include responsible pruning and maintenance of a tree, or the application of treatments intended to manage invasive species.
The regulation, planning, care and control of shade and ornamental trees upon and in streets, highways, public places, parks and parkways of this municipality, other than county parks and parkways, shall be managed by and under the control and the authority of a commission which shall be known as the "Shade Tree Commission of the Borough of Atlantic Highlands," in accordance with N.J.S.A. 40:64-1 et seq.
A. 
The Shade Tree Commission shall consist of no less than five and no more than seven members and a maximum of two alternate members for a total of no more than nine members who shall be appointed by the Mayor, shall be residents of the Borough, and shall serve without compensation except as hereinafter provided.
B. 
The first Commission shall be appointed within 60 days after this chapter shall be effective, and said Commission shall organize within 30 days after the appointment of its membership for the remainder of the then calendar year and, thereafter, annually.
C. 
The Commission shall select one of its members as Chair annually, and the Commission shall appoint a Secretary, who need not be a member of the Commission. The salary for the Secretary shall be fixed by the Borough Council.
A. 
The term of office of each member shall commence upon the day of appointment, and, in the case of the original Commission, the five members shall be appointed for one-year, two-year, three-year, four-year and five-year appointments, respectively. Said terms on the original appointment shall be from the day of appointment until December 31 of the next calendar year. The names of the appointees and their specific terms must be set forth in the appointment by the Mayor.
B. 
The terms of office of the alternate members shall commence upon the day of appointment, and said appointees will be designated as "Alternate No. 1" and "Alternate No. 2," and, in the case of the original appointees, Alternate No. 1 will serve from the day of appointment until December 31 of the next calendar year, and Alternate No. 2 will serve from the day of appointment until December 31 in the second calendar year. The names of the appointees and their specific terms shall be set forth in the appointment by the Mayor.
C. 
All subsequent appointments after the original appointments, except to fill vacancies, shall be for full terms of five years, or for two years as to the alternates, each to take effect on January 1.
D. 
Any vacancy occurring by reason of death, resignation or removal of any Commissioner shall be filled for the unexpired term by the Mayor.
Said Commission shall possess and be vested with the powers as per N.J.S.A. 40:64-5, including:
A. 
To exercise full and exclusive control over the regulation, planting, and care of shade, street, and ornamental trees now located or which may hereafter be planted in any public highway, park or parkway in and within the Borough's jurisdiction, including the planting, trimming, spraying, care and protection thereof.
B. 
To regulate and control the use of the ground surrounding the same so far as may be necessary for their proper growth, care and protection.
C. 
To remove or recommend the removal of any tree or part thereof on public or private property that is a hazard to public safety.
D. 
To make recommendations to the governing body regarding the creation, alteration, amendment and repeal of any and all ordinances necessary or proper for carrying out the provisions hereof.
E. 
To study and recommend methods of funding, outside of municipal taxation, by grants and aid, both state and federal.
F. 
To develop a program of tree planting and overall beautification in areas along the public right-of-way and to prepare a survey of existing trees within the public right-of-way and upon public property and to develop a master plan for the care and control of existing shade trees and ornamental trees and the planting of new trees throughout the Borough, said survey and master plan shall be submitted to Borough Council for its review and approval annually, by February 1 of the next succeeding year.
G. 
To provide a procedure for removing or trimming existing trees where necessary because the tree is either dead, diseased or injured by storm or similar consequences.
H. 
To adopt and administer rules for the selection and placement of trees and as may be necessary for the interpretation, administration, and enforcement of the powers and authority of the Commission.
No statute giving any person or governmental board, body or official the power or authority to lay any sidewalk along or to open, construct, curb or pave any street or to do any similar act on public property shall be construed to permit or authorize any interference with or injury to a street or shade tree without compliance with the requirements of this chapter, except that no tree removal application nor payment into a tree replacement fund shall be required.
A. 
During December in each year, the Commission shall certify to the Borough Council the estimated sum necessary for the proper conduct of its work during the ensuing fiscal year, to include the sums estimated for such of the following items as it is anticipated expenditure will be made for, that is:
(1) 
Payment of wages and salaries of employees.
(2) 
Expenses of Commission members in discharging official duties, including expenses incident to attendance at professional meetings.
(3) 
Purchase of trees and other planting material.
(4) 
Purchase of necessary equipment and materials and the cost of services for the prudent promotion of the work, including expenses for tree trimming and removal.
B. 
The Borough Council shall annually appropriate such sum as it may deem necessary for said purposes.
C. 
The Commission may accept gifts or donations for use for Commission purposes.
A. 
Any person, on public or private property, planning to remove a street tree, as defined as "tree removal," with DBH of 2.5" or more; any non-street tree with DBH of 6" or more; or a coniferous tree with a height of 10 feet or more on their property shall obtain a tree removal permit from the Borough, unless otherwise detailed under § 340-10, Exemptions. The application filing fee shall be as provided in Chapter 168, Article II. No tree shall be removed until a permit has been issued, provided that, in the case of hazard trees to be removed, no application fee shall be required provided such status has been confirmed by the Borough's tree expert.
B. 
A permit may be denied, or modification recommended, where the Borough's tree expert or other qualified official determines that the proposed tree removal will significantly adversely alter ground and surface water characteristics, increase pollution or otherwise negatively impact the general public.
(1) 
A decision on the permit application shall be given within 20 business days after the application is deemed complete, after inspection of the site by the Borough's tree expert, and in recognition of the policy of the Borough expressed herein to preserve as many trees as possible in the public interest.
(2) 
The approved tree removal permit must be visibly displayed on the premises prior to the commencement of the approved tree removal. The tree(s) for removal shall be clearly marked with at least one-inch-wide colored tape or other material around the trunk.
(3) 
All tree work shall be performed by a licensed tree care business that is registered with the Borough and is in good standing with the state, in accordance with the tree expert and Tree Care Operator Licensing Act, N.J.S.A. 45:15C-11 et seq. All businesses performing tree care within the Borough must comply with the provisions of this chapter.
(4) 
A tree removal permit shall be valid for one year from the date of issuance. Permits not used within this period will become null and void, and future work will require a new application. For the purpose of this section, a permit shall no longer be valid when the work authorized by the permit is completed.
(5) 
The property of the tree removal will be field checked with an on-site inspection by the Borough's tree expert or other designated municipal official prior to issuance of a permit.
(6) 
Where the Land Use Board approves a subdivision or site plan that includes removal of trees that are subject to the requirement for a tree removal permit, such approval shall be subject to compliance with the provisions of this chapter.
(7) 
Hazard trees that pose an imminent threat to public safety may be immediately removed by the Borough on public or private property. If public safety requires immediate removal of a tree, no notice to any property owner shall be necessary.
(8) 
The requirements of this chapter are in addition to, and do not supersede or replace, steep slope permit requirements as set forth in the Borough Code.
Any trees removed pursuant to this chapter, unless exempt, shall be replaced by replanting or, in accordance with the requirements of Subsection B, by a monetary contribution to the Borough of Atlantic Highlands Tree Escrow Fund. Tree replacement shall be based on the following:
A. 
Replanting chart.
Tree to be Removed
Trees to be Replaced
Diameter at Breast Height
(DBH)
Quantity of Trees
Caliper
1 tree 4" and up to 12"
1
2" to 2 1/2"
1 tree greater than 12" and up to 18"
2
2" to 2 1/2"
1 tree greater than 18" and up to 24"
3
2" to 2 1/2"
1 tree greater than 24" and up to 40"
4
2" to 2 1/2"
1 tree greater than 40"
5
2" to 2 1/2"
B. 
All replacement trees shall be nursery-grade quality, balled and burlapped, and planted on the site that has received the tree removal permit. While replanting on site is preferred, in cases where doing so is not feasible as determined by the Borough's tree expert, then the applicant may, as an alternative to replanting, contribute an amount established by the Shade Tree Commission, said amount subject to change from time to time so as to reflect the fair market value of replacement trees indicated on the replanting chart.
C. 
Trees planted on the site that has received the tree removal permit may be replaced with a species suggested by the Shade Tree Commission, as found on the Borough website.
D. 
All replacement trees shall be planted within 12 months of the date of removal of the original tree(s) or at an alternative date specified on the permit, shall be monitored by the applicant for a period of two years to ensure the tree's survival and shall be replaced as needed within 12 months, and shall not be planted in temporary containers or pots.
No tree removal permit application or tree replacement shall be required if at least one of the following criteria apply:
A. 
The tree is a hazard tree, provided a permit application form is submitted and it is confirmed by the Borough's tree expert that the tree is a hazard tree. Where a tree poses an imminent danger to health or safety, it may be removed prior to the submission of a tree application permit.
B. 
If the application is for a development in which a land use approval application is required or for which a building permit is issued to construct a new single- or two-family dwelling, and for the purpose of clearing for building(s), driveway(s) and usable yard space: for lots less than 40,000 square feet, up to 50% of trees may be removed; for lots in excess of 40,000 square feet, up to 20,000 square feet of trees may be removed. Any trees removed beyond these thresholds shall be subject to the permit and replacement obligations of this chapter.
C. 
Any tree removed from an area of property to be dedicated as public improvement, e.g., drainage facilities and public roadways, except that where private roadways, parking areas or open space are proposed, all trees are subject to replacement in accordance with this chapter.
D. 
A public utility company is pruning and/or removing trees to obtain normal line clearance for overhead utility wires after notifying Borough officials.
E. 
Except as otherwise noted, the provisions of this chapter shall not apply to those activities recognized and in conformance with the Farmland Assessment Act (N.J.S.A. 54:4-23.1 et seq.).
A tree escrow fund shall be established by the Borough to receive and disburse funds collected under this chapter from tree replacement contributions. The fund shall be under the supervision of the Borough Chief Financial Officer. Appropriations from this fund shall be authorized by the Borough Administrator, with consideration of recommendations by the Shade Tree Commission, the Borough's tree expert, or other designated official, to provide for the planting of trees to maintain and enhance the tree canopy in the Borough of Atlantic Highlands.
It shall be unlawful as a normal practice for any person or firm to top any street tree, park tree or other tree on public property. "Topping" is defined as the severe cutting back of limbs to stubs larger than three inches in diameter within the tree's crown to such a degree so as to remove the normal canopy and disfigure the tree. Trees severely damaged by storms or other causes or certain trees under utility wires or other obstructions where other pruning practices are impractical may be exempted from this chapter at the determination of the Borough's tree expert.
Every owner of property whereon a tree overhangs any street or right-of-way shall prune the branches so that such branches shall not obstruct the view of any street intersection, and shall not obstruct the light from any street lamp and so that there shall be a clear space of 14 feet above the surface of the street or eight feet above the surface of the sidewalk. Said owners shall remove all dead, diseased, or dangerous trees or broken or decayed limbs which constitute a menace to the safety of the public within 10 days of the receipt of notice by the Borough Code Enforcement Officer. The Borough shall have the right, but not the obligation, to remove or prune any tree or shrub on private property when it interferes with the proper spread of light along the street from a streetlight, visibility of any traffic control device or sign, or passage of pedestrians or vehicles on a public street or sidewalk or obstructs line of sight.
A. 
On a site with any tree trunk having a 2.5" or greater DBH, before any site work to the land begins, a protective barrier shall be erected around the area of the dripline of the tree(s) or CRR, whichever is greater. This protective barrier shall remain in place during construction. To protect the tree from damage, barriers shall be constructed of wood, metal or other substantial material.
B. 
During construction, no materials or wires shall be attached to any of said trees.
C. 
For any tree or trees that have been directly or indirectly damaged by construction activity, the property owner shall make a reasonable restitution as determined by the Code Enforcement Officer in consultation with the Borough's tree expert.
Trees planted or existing in the right-of-way, between the curbline and the sidewalk abutting property, or abutting the street or curbline where no sidewalk is present, are the responsibility of the property owner, subject, however, to the provisions of this section. The property owner is required to maintain the area between the curbline and the sidewalk and the area abutting the street or curbline where no sidewalk is present. The abutting property owner may plant street trees in this area, provided the consent of the Borough is obtained and the trees are of a species suggested by the Commission. If such trees are removed by the property owner, the stump must be removed and/or grinded.
It is unlawful for any person to commit any of the following acts listed below to shade or ornamental trees on streets, highways, parkways, rights-of-way, easements, parks and other lands owned by the Borough. Written approval by the Borough shall be given only in response to a request, in writing, showing good cause as determined by the Borough's tree expert, and shall be given on clearly stated terms and conditions satisfying the purposes of this chapter.
A. 
To remove, cut, break or injure any such tree, or part thereof.
B. 
To place any rope, wire, sign, poster, chain, nail or other fixture on a tree or tree guard.
C. 
To excavate within 12 feet of any street tree or public tree, or to place any insert or potentially harmful material or temporary soil deposit within 25 feet of any tree, unless excavation is required for emergency utility work.
D. 
To damage, misuse or remove any device placed to protect any such tree.
E. 
To permit any domestic animal to injure or destroy any such tree.
F. 
To pour any salt water or other chemical near or upon any tree or permit any road roller, bulldozer or other construction equipment to stand or operate in such a manner as to injure a tree.
G. 
To backfill over the existing root system of a mature tree, raising the grade and compromising the viability of the root system.
H. 
To place solvents, material, construction machinery or temporary soil deposits within the CRR or inside the dripline, whichever is greater, of any tree 2.5" or greater DBH.
A. 
Any person who is found to be in violation of the provisions of this chapter shall be subject to a fine in an amount not exceeding $1,800 per tree.
B. 
In lieu of the fine authorized by Subsection A of this section, a person who removes or otherwise destroys a tree in violation of this chapter may be required to pay a replacement assessment to the municipality. The replacement assessment shall be the value of the tree as determined by the Borough's tree expert or other designated official.
C. 
Any public utility or cable television company that clears, moves, cuts, or destroys any trees, shrubs, or plants for the purpose of erecting, installing, moving, removing, altering or maintaining any structures or fixtures necessary for the supply of electric light, heat or power, communication, or cable television services upon any lands in which it has acquired an easement or right-of-way shall not be subject to any penalty imposed in this section. This subsection shall not exempt any public utility or cable television company from any penalty or replacement assessment imposed for negligent actions.
Nothing contained in this chapter shall be construed to make the Shade Tree Commission or any member thereof, or the Borough or Borough officer, employee or agent, responsible for the death or injury of any person or for any injury to any property or highway tree or shrub.